Terms and conditions

Contents:

  1. About
  2. How It Works
  3. Account Registration
  4. Subscriptions, Purchases and Payment of Revenue
  5. Refunds
  6. Account Deactivation
  7. Intellectual Property Rights
  8. License
  9. Acceptable Use
  10. User Content
  11. Linking to the Website and Social Media Features
  12. Links from the Website
  13. Disclaimer of Warranties; Limitations of Liability
  14. User indemnification
  15. Governing Law and Dispute Resolution
  16. Waiver and Severability
  17. Entire Agreement
  18. Contact

1. About
1.1 FoXXXy, accessed at www.foxxxy.com , (“FoXXXy” or the “Website”) is a social media website and application service that allows users to upload content, created by them. The content consists primarily of diary-like stories, photos and videos. Content creators choose a monthly subscription fee for the access to their content or an individual selling price for each portion of their content. FoXXXy is operated by Unchained Media Project, with company registration number: 205732344
and registered address: 2, Edelweiss Street, Varna 9002, Republic of Bulgaria. Unchained Media Project is governed by the applicable laws of the Republic of Bulgaria and the European Union.
1.2 These Terms of Service, (“Terms”), together with our Privacy Policy, (“Privacy”) govern your use of FoXXXy, including any content, functionality, and services offered on or through the Website. By registering with and using FoXXXy, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
1.3 This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
1.4 We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. By continuing to use FoXXXy after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1.5 By using FoXXXy you consent to receiving communications from us electronically, including emails and messages posted to your FoXXXy account, all as more fully detailed in our Privacy Policy (available here). You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw our consent to receiving communications from us at any time, please email support@FoXXXy.com, notifying us of your withdrawal of consent.
1.6 We do not own User Content on FoXXXy and views expressed by Users on FoXXXy do not represent the views of FoXXXy. All User Content transactions and interactions on FoXXXy are between Users and at no point does FoXXXy become a party to any transaction or interaction between Users.
1.7 We reserve the right at any time and without notice to:
• 1.7.1 modify, suspend or terminate FoXXXy or any portion thereof;
• 1.7.2 restrict, limit, suspend or terminate your access to FoXXXy or any portion thereof;
• 1.7.3 delete any content you post on FoXXXy if in our reasonable opinion it does not comply with these Terms and/or applicable law;
• 1.7.4 monitor your use of FoXXXy (including any content or message you post or broadcast on FoXXXy) to verify compliance with these Terms and/or any applicable law;
• 1.7.5 investigate any suspected or alleged misuse or unlawful use of FoXXXy and cooperate with law enforcement in such investigation;
• 1.7.6 disclose information about your use of FoXXXy in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
• 1.7.7 change the payment or payout processor that enables you to make or receive payments as a User.
1.8 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, if we determine that there are reasonable grounds to believe that a user is not acting in accordance with the Terms.

2. How It Works
2.1 FoXXXy is a social media platform that lets you apply for a user profile, which in turn allows you to:
• 2.1.1 upload and post stories, photos and videos for access by your Fans; and/or
• 2.1.2 subscribe to another User’s profile to view their otherwise restricted photos and videos.
2.2 The term “User” refers to all users, whether using the Website to earn money or to subscribe to others.
2.3 The term “User Content” means any and all media uploaded by Users.

3. Account Registration
3.1 To register and create an account on FoXXXy, you must provide a valid email address, a username, and a password.. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
3.2 You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy at https://FoXXXy.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3.3 If you are looking to subscribe to other profiles or purchase individual content from them, you will need use a credit card or a debit card. When using a payment card, it will be charged by our payment processor – Securion Pay. However, as far as legally possible, FoXXXy reserves the right to change the payment processors it uses at any time and without notice to you. FoXXXy does not store any payment card information and does not act in any shape or form as a financial institution.
3.4 By registering on FoXXXy, you confirm that:
• 3.5.1 all account registration, profile information and content you provide is your own information and the content is truthful and accurate;
• 3.5.2 if you previously had an account with FoXXXy, your old account was not terminated or suspended by FoXXXy for violation of these Terms;
• 3.5.3 you will not use any third party payment processors to accept payments for subscriptions, or any other service, via FoXXXy;
• 3.5.3 you register on FoXXXy for your own personal use and you will not sell, rent or transfer your account to any third party; and
• 3.5.4 FoXXXy reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction.
3.6 You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify us at support@FoXXXy.com  If you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
3.7 We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Subscriptions, Purchases and Payment of Revenue
4.1 To access another User’s content on FoXXXy, you must first add a payment card to your account and then click the ‘Subscribe’ button on that User’s profile. All purchases are final and non-refundable. However, you may cancel your subscription at any time by turning off the ‘Auto-Renew’ switch located under the relevant User profile or by contacting us at support@FoXXXy.com, which will allow you to access the User’s profile until the end of the existing billing period, where you will lose access to the content and not be re-billed.

5. Refunds
5.1 All purchases made on FoXXXy.com are final and non-refundable. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription.
5.2 Any purchase made on FoXXXy resulting in a chargeback will cause the User’s account to be immediately and permanently excluded from FoXXXy. Additionally, the chargeback amount will be removed from the earning Creator’s income.

6. Account Deactivation
7.1 Should you wish to deactivate your FoXXXy account, please contact FoXXXy customer support at support@FoXXXy.com to submit your deactivation request. We will deactivate your account within 10 working days after receiving your request.

7. Intellectual Property Rights 

7.1 Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
• 7.2.1 your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• 7.2.2 you may store files that are automatically cached by your Web browser for display enhancement purposes; and
• 7.2.3 you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
7.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

7.4 Other than User Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7.5 The FoXXXy name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

8. License

8.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use our website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of FoXXXy other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.

8.2 We do not warrant that FoXXXy is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not FoXXXy is compatible with your device. From time to time we may make updates to FoXXXy and will make such updates available through the website.

9. Acceptable Use
9.1 We require that all Users respect and comply with these Terms below, at all times, when using FoXXXy.
9.2 You may not:
• 9.2.1 use FoXXXy other than for your own lawful and personal use in accordance with these Terms;
• 9.2.2 impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
• 9.2.3 falsify account registration information, or make unauthorized use of another’s information or content;
• 9.2.4 use FoXXXy in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
• 9.2.5 copy, reproduce, distribute, modify, or create derivative works from, any portion of FoXXXy without our express written permission;
• 9.2.6 use FoXXXy for the purpose of depicting a minor in a sexual or suggestive way, or exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• 9.2.7 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
• 9.2.8 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Website or expose them to liability;
• 9.2.9 create, upload, post, display, publish or distribute User Content that:
(a) is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforemnetioned prohibitions;
(b) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
(c) promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;
(d) promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
(e) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
(f involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
(g) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
• 9.2.10 act in an abusive manner towards any other user or employee of the Website;
• 9.2.11 remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
• 9.2.12 use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
• 9.2.13 decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of FoXXXy;
• 9.2.14 interfere in any way with the operation of FoXXXy or any server, network or system associated with FoXXXy, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user’s account that you are not expressly authorized to access;
• 9.2.15 use FoXXXy for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other competitive purposes;
• 9.2.16 use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access FoXXXy or any server, network or system associated with FoXXXy, or to extract, collect, harvest or gather content or information from FoXXXy; or
• 9.2.17 make any other use of FoXXXy that violates these Terms or any applicable law.
9.3 Any content posted that is reported by another User or FoXXXy, and that is deemed unacceptable by FoXXXy, will be deleted and the User notified via email. Users who repeatedly violate our Acceptable Use policy may be deactivated. If we become aware that an FoXXXy User is underage, we will promptly deactivate that User’s account and delete all information and content of that User from FoXXXy. If you are a parent or legal guardian and become aware that your minor-child has registered on FoXXXy, please immediately notify us at support@FoXXXy.com.
9.4 By registering an account with FoXXXy, you represent and warrant that:
• 9.5.1 you are at least 18 years of age;
• 9.5.2 you will fully comply with these Terms;
• 9.5.3 you accept full responsibility for the use of FoXXXy on any device, whether or not it is owned by you;
• 9.5.4 you accept full responsibility for any User Content created or provided by you; and
• 9.5.5 your use of FoXXXy will not violate these Terms or any applicable law.
9.5 If you are using FoXXXy on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms.

10. User Content
10.1 By creating and publishing User Content on FoXXXy, you authorize your followers to access and view (without downloading or copying) your User Content on FoXXXy for their own lawful and personal use. You also represent, warrant and undertake that:
• 10.1.1 you own, have a valid licence to, or otherwise control all rights in and to your User Content;
• 10.1.2 to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
• 10.1.3 your User Content is non-confidential and will be made available to your Fans on FoXXXy.com.
10.2 You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
10.3 You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
10.4 You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
10.5 We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
10.6 Upon signing up to FoXXXy.com, you also agree to act as custodian of records for the content that you upload to FoXXXy.com.
10.7 Any questions regarding User Content can be addressed by emailing support@FoXXXy.com.

11. Linking to the Website and Social Media Features
11.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
11.2 The Website may provide certain social media features that enable you to:
• 11.2.1 link from your own or certain third-party websites to certain content on the Website;
• 11.2.2 send emails or other communications with certain content, or links to certain content, on the Website;
• 11.2.3 cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
11.3 You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:
• 11.3.1 establish a link from any website that is not owned by you;
• 11.3.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
• 11.3.3 link to any part of the Website other than the homepage; or
• 11.3.4 otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
11.4 You agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
11.5 We may disable all or any social media features and any links at any time without notice in our discretion.

12. Links from the Website
12.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Disclaimer of Warranties; Limitations of Liability
By using FoXXXy, you acknowledge and agree as follows:
• 13.1.1 FoXXXy and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to FoXXXy and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of FoXXXy, or the results of your use of FoXXXy. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that FoXXXy and all of its services and features will be available at any particular time or location; that FoXXXy and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that FoXXXy and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of FoXXXy and its services and features will be solely and entirely at your own risk. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
• 13.1.2 FoXXXy does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since FoXXXy may need to carry our maintenance of the Website from time to time. However, FoXXXy will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (including between 09:00 and 17:00 (Bulgarian time) and will endeavour to give reasonable notice where possible, however this may not always be possible;
• 13.1.3 in no event shall FoXXXy be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) FoXXXy or any of its services or features, nor shall FoXXXy be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at support@FoXXXy.com as we are happy to help prevent continuance of such distribution where we are reasonably able to do so; and

14. User indemnification
14.1 By using FoXXXy, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or related to any of the following:
• 14.1.1 your use of FoXXXy or any of its services or features;
• 14.1.2 any User Content created, published, or otherwise made available on FoXXXy by you;
• 14.1.3 any transaction or interaction between you and any other User of FoXXXy; and/or
• 14.1.4 your violation of these terms or any applicable law.

15. Governing Law and Dispute Resolution
15.1 You and we agree that these Terms shall be governed by and construed in accordance with the laws of Republic of Bulgaria and the European Union (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning FoXXXy or arising out of or related to these Terms shall be resolved exclusively in the courts of Republic of Bulgaria and The European Union.

15.2 Except where prohibited by applicable law, any claim or cause of action by you concerning FoXXXy or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

16. Waiver and Severability
16.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17. Entire Agreement
17.1 The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

18. Contact
If you have any questions, comments, complaints or concerns about FoXXXy, please contact our support team at support@FoXXXy.com